STATEN ISLAND, N.Y. -- An 86-year-old Dongan Hills motorist says the city slapped him with a $115 fine for simply being in the right place at the right time.

And now the World War II veteran, along with Assemblywoman Nicole Malliotakis, is fighting back.

The fine was for illegally driving in a bus lane when he wasn't supposed to, but according to a copy of the ticket, Carmine Tarangelo was in the clear.

"What's wrong with it is that they don't follow their own rules," said Tarangelo. "If they put 7 o'clock and 7:40, they give us a ticket ... it's a good thing we have somebody to help us, or else we'd be up the creek."

On July 24, at 7:40 p.m., Tarangelo and his wife, Vivian, were driving their 2010 Chevrolet on southbound Hylan Boulevard, near Old Town Road and the CVS Pharmacy, when they were photographed for driving in a bus lane.

The problem, says the motorist and assemblywoman, is that the camera shouldn't have been recording drivers at that time. A nearby sign says the lane is for "BUSES ONLY & RIGHT TURNS" between 3 and 7 p.m., Monday through Friday.

"This to me," said Ms. Malliotakis (R-East Shore/Brooklyn), "is a shakedown by the city of New York."

The Tarangelos originally entered a plea of not guilty and enclosed a photo of the bus lane sign; the city still found them guilty. So Carmine Tarangelo paid the fine -- and began his campaign for payback.

"This is just one additional injustice that we've been able to identify with the bus lane cameras," said Ms. Malliotakis. "This is completely unacceptable."

It appears the assemblywoman will get the couple's money back. She previously appealed to Beth Goldman and Janette Sadik-Khan, commissioners of the New York City Departments of Finance and Transportation, respectively, on Tarangelo's behalf.

On Tuesday, the city Department of Transportation admitted "the notice of violation was issued in error and DOT is working to have it dismissed."

Elected officials, including Ms. Malliotakis, have been critical of the bus lanes cameras since August, notably two: Richmond Avenue, New Springville, and Hylan Boulevard, by Hunter Avenue, Midland Beach, which were eventually turned off. Legislation was passed in the City Council in the middle of this month to prevent drivers from being penalized for driving past private driveways and plaza entrances.

Tarangelo said maybe someone else will read about their problem and also complain about a similar instance.

"People should know that they better check, if they get a ticket, that there's a correct time on it," said Mrs. Tarangelo.